The Flathead County Attorney’s Office is asking a District Court judge to rule that caregiver-to-caregiver marijuana transactions are illegal under state law.

The request comes in the wake of a similar ruling by a Missoula judge and in response to a lawsuit filed against Flathead County Attorney Ed Corrigan on behalf of the Medical Marijuana Growers Association.

Missoula District Judge John Larsen ruled April 6 that the act passed by voter initiative in 2004 “particularly prohibits a caregiver from providing marijuana to anyone other than a qualifying patient who has registered that specific caregiver.”

That ruling was filed in response to a lawsuit filed in Missoula District Court by attorney Chris Lindsey on behalf of caregiver Kevin Kerr.

In Flathead District Court, Lindsey and attorney Tim Baldwin filed a similar lawsuit on behalf of caregiver Robin Ruiz and patient Leif Erickson after they were arrested Feb. 3 with three pounds of marijuana while in route to Great Falls.

They want District Judge Stewart Stadler to rule that caregiver-to-caregiver transactions are legal under the law.

Flathead County Deputy Attorney Tara Fugina asked in a reply to the lawsuit filed Tuesday that Stadler rule that the transactions are illegal. She also noted that Corrigan is immune to the litigation as an elected official in charge of prosecuting crimes.

Fugina wrote that the matter would be better addressed in Montana Supreme Court.

“Original jurisdiction should be exercised by the Supreme Court of Montana in this matter as the issues are of interest on a statewide basis,” she wrote.

Lindsey said Wednesday that he likely will appeal Larsen’s ruling to the Supreme Court. Baldwin said the state’s highest court is the likely destination for the issue as the act can be interpreted in many ways.

“The state needs clarification,” Baldwin said. “I think ultimately it will need to go to the Supreme Court.”

On Wednesday, Baldwin and Lindsey asked District Judge David Ortley for a stay in Ruiz’ and Erickson’s criminal cases.

They said the men would risk incriminating themselves or limiting their possible legal defenses if both the civil and criminal matters are allowed to move forward concurrently.

Ortley said he will allow prosecutors and defense attorneys to file briefs in support of their positions before ruling on the matter. He also asked that Deputy County Attorney Travis Ahner amend the charges to account for the influence of the Medical Marijuana Act, which prohibits the prosecution of cardholders.

Ruiz and Erickson both have pleaded innocent to charges of felony possession of dangerous drugs with intent to distribute.

Ortley noted that a potential Supreme Court ruling on appeal of Larsen’s ruling would have an impact on proceedings.

“It’s going to be instructive to everyone if it is in fact appealed,” Ortley said.

Baldwin said he plans to file a detailed brief by Friday supporting his assertion that caregiver-to-caregiver transactions are legal.

Reporter Eric Schwartz may be reached at 758-4441 or by email at [email protected].